Shipping Registration ACT 1981
Notice of Intention to apply for Registration
Notice is hereby given of the intention of The Riverside Coal Transport Co. Pty Ltd of 161 Breakfast Creek Road, Newstead, Qld 4006 to apply, after the expiration of the period of thirty days commencing on the date of publication of this notice, for the registration under the abovenamed Act of the ship particulars of which are set out below.
Objections to the registration of the ship in the name of the abovementioned person, by persons claiming a legal proprietary right in respect of the ship, should, together with any relevant documents that will verify the claim be delivered to the Registrar of Ships at the Australian Shipping Registration Office, 82 Northbourne Avenue, Braddon ACT 2612 or sent by properly prepaid post to the Registrar of Ships at the Australian Maritime Safety Authority, Canberra City ACT 2601, before the expiry of the period referred to above.
Particulars of Ship
Present name: BIRRUNG
Former name: DINKI
Present whereabouts: SYDNEY
Length: 8.4m
Principal material of construction: FIBREGLASS
Type of ship: WATER TAXI
Overview
The Shipping Registration Act 1981 was enacted to address the need for a formal and regulated process for the registration of ships under Australian law. This Act facilitates the registration of ships and ensures that there is a clear and identifiable owner for each vessel, which is vital for the enforcement of maritime laws and the protection of proprietary rights. The enacting body responsible for this legislation was the Parliament of Australia, with the primary policy objective being to provide a structured and transparent system for the registration of ships, thereby enhancing maritime safety and security. The notice given under this Act is an example of how the legislation operates, as it requires any objections to the registration of a ship to be lodged within a specified timeframe, ensuring that all claims to the ship are considered before the registration is finalised.
Scope and Application
The Shipping Registration Act 1981 applies to any individual or entity intending to register a ship for operation in Australian waters, including The Riverside Coal Transport Co. Pty Ltd as evidenced in the given notice. This Act governs the registration of ships, ensuring that all vessels operating within Australia are properly documented and identifiable, thereby facilitating maritime safety and regulatory compliance. The Act extends its jurisdictional reach across the Commonwealth, making it applicable nationally, and mandates that all ships seeking to operate within Australian waters must comply with the registration requirements stipulated under this Act. Any objections to the registration must be lodged with the Registrar of Ships at the Australian Maritime Safety Authority within the specified period, ensuring a transparent and accountable registration process. The notice specifies that objections must be accompanied by relevant documentation to substantiate any claims of proprietary rights over the ship in question. The Act does not explicitly mention any exclusions or thresholds, but it can be inferred that all ships, regardless of size or type, must be registered unless otherwise specified through subordinate legislation or regulations.
Key Provisions
The Shipping Registration Act 1981 (Sections 1 to 10) primarily governs the process for registering ships in Australia. Section 3 details the procedure for publishing a notice of intention to apply for registration. This involves the prospective ship owner, in this case The Riverside Coal Transport Co. Pty Ltd, notifying the public of their intention to register a ship. The notice must include specific details about the ship, such as its current and former names, location, dimensions, and material of construction (Section 3(2)). Section 4 stipulates that the notice must be published in the Gazette and be open to objections from interested parties for a period of thirty days.
The obligations imposed by the Act on The Riverside Coal Transport Co. Pty Ltd and any other parties with a legal interest in the ship include timely submission of the registration application and the handling of any objections. The prospective owner must provide complete and accurate information about the ship to the Registrar of Ships. Any party claiming a proprietary right in the ship must submit objections, along with supporting documentation, to the Registrar within the specified thirty-day period (Section 4). The Registrar is then responsible for evaluating these submissions and determining whether to proceed with the registration.
Breaching the requirements of the Shipping Registration Act 1981 can lead to various consequences. For instance, failing to provide accurate information in the notice or application could result in the refusal of the registration. Furthermore, submitting false information can lead to criminal charges under Section 12, which carries a maximum penalty of 100 penalty units or imprisonment for six months, or both, depending on the severity of the offence. Additionally, any party found to have knowingly made a false claim of proprietary rights could face civil penalties under Section 13. These penalties serve to ensure compliance with the Act's requirements and protect the integrity of the ship registration process.